ACT No. 7 OF 2009
[7th January, 2009.]
An Act to facilitate the collection of statistics on economic, demographic, social, scientific and environmental aspects, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:—
ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II COLLECTION OF STATISTICS 3. Collection of statistics. 3A. Nodal officer. 4. Powers of appropriate Government to appoint statistics officer, etc. 5. Power of statistics officer to call for information. 6. Duty of informants. 7. All agencies to assist. 8. Right of access to records or documents. CHAPTER III DISCLOSURE OF INFORMATION IN CERTAIN CASES AND RESTRICTIONS OF THEIR USE 9. Security of information. 10. Appropriate Government authorised to disclose certain information. 11. Disclosure of information schedules for bona fide research or statistical purposes. 12. Disclosure of historical documents. 13. Security of recorded information. 14. Restrictions on use of information. CHAPTER IV OFFENCES AND PENALTIES 15. Penalty for neglect or refusal to supply particulars. 16. Penalty for making false statement. 17. Penalty for mutilation or defacement of information schedule. 18. Penalty for obstruction of employees. 19. Penalty for other offences. 20. Penalty for failure to carry out duties and functions by employees. 21. Penalty for impersonation of employee. 22. General penalty. 23. Offences by companies. 24. Cognizance of offences. 25. Sanction for prosecution for offence. 26. Power of court to try cases summarily. CHAPTER V POWER IN RESPECT OF CORE STATISTICS SECTIONS 27. Power in respect of core statistics. CHAPTER VI MISCELLANEOUS 28. Power to give directions. 29. Public servants. 30. Bar of jurisdiction. 31. Protection of action taken in good faith. 32. Overriding effect. 33. Power to make rules. 34. Repeal and savings.
PRELIMINARY
¹[(2) It extends to the whole of India: ²* * * * *]
RELIMINARY
1[(2) It extends to the whole of India: 2* * * * *]
(a) “agency” includes a person or persons engaged by the appropriate Government, directly or by outsourcing, for collection of statistics; (b) “appropriate Government” means— (i) any Ministry or Department in the Central Government; or (ii) any Ministry or Department in a State Government or Union territory Administration; or (iii) any local government that is to say, Panchayats or Municipalities, as the case may be, in relation to the collection of statistics under a direction issued by it under section 3; (c) “informant” means any person, who supplies or is required to supply statistical information and includes a owner or occupier or person in-charge or his authorised representative in respect of persons or a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a co-operative society registered under any Co-operative Societies Act or a company registered under the Companies Act, 1956 (1 of 1956) or a society registered under the Societies Registration Act, 1860 (21 of 1860) or any association recognised or registered under any law for the time being in force; (d) “information schedule” means any book, document, form, card, tape, disc or any storage media on which information required is entered or recorded or is required to be entered or recorded for statistical purposes under this Act; ¹[(da) “nodal officer” means the officer designated as a nodal officer under sub-section (1) of section 3A;] (e) “prescribed” means prescribed by rules made under this Act; ¹. Subs. by Act 21 of 2017, s. 2 (w.e.f. 3-10-2017). ². The proviso omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). ³. 11th June, 2010, vide notification No. S.O. 1416(E), dated 9th June, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). ⁴. Ins. by Act 21 of 2017, s. 3 (w.e.f. 3-10-2017). (f) "sampling" means a statistical procedure by which information relating to a particular field of inquiry is derived by applying statistical techniques to information obtained in respect of a proportion of the total number of persons or units concerned relevant to the field of inquiry; (g) "statistical survey" means a census or a survey, whereby information is collected from all the informants in the field of inquiry or from a sample thereof, by an appropriate Government under this Act or any other relevant Act, wholly or primarily for the purposes of processing and summarising by appropriate statistical procedures; (h) "statistics" means statistics derived by collecting, classifying and using statistics, specially in or for large quantities or numbers by appropriate Government from statistical surveys, administrative and registration records, and other forms and papers, the statistical analysis of which are, whether in a published or unpublished form; (i) "statistics officer" means any officer appointed under section 4 for the purposes of any direction issued under section 3 of this Act.
It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
COLLECTION OF STATISTICS
(a) “agency” includes a person or persons engaged by the appropriate Government, directly or by outsourcing, for collection of statistics; (b) “appropriate Government” means– (i) any Ministry or Department in the Central Government; or (ii) any Ministry or Department in a State Government or Union territory Administration; or (iii) any local government that is to say, Panchayats or Municipalities, as the case may be, in relation to the collection of statistics under a direction issued by it under section 3; (c) “informant” means any person, who supplies or is required to supply statistical information and includes a owner or occupier or person in-charge or his authorised representative in respect of persons or a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a co-operative society registered under any Co-operative Societies Act or a company registered under the Companies Act, 1956 (1 of 1956) or a society registered under the Societies Registration Act, 1860 (21 of 1860) or any association recognised or registered under any law for the time being in force; (d) “information schedule” means any book, document, form, card, tape, disc or any storage media on which information required is entered or recorded or is required to be entered or recorded for statistical purposes under this Act; 4[(da) “nodal officer” means the officer designated as a nodal officer under sub-section (1) of section 3A;]. (e) “prescribed” means prescribed by rules made under this Act; (f) “sampling” means a statistical procedure by which information relating to a particular field of inquiry is derived by applying statistical techniques to information obtained in respect of a proportion of the total number of persons or units concerned relevant to the field of inquiry; (g) “statistical survey” means a census or a survey, whereby information is collected from all the informants in the field of inquiry or from a sample thereof, by an appropriate Government under this Act or any other relevant Act, wholly or primarily for the purposes of processing and summarising by appropriate statistical procedures; (h) “statistics” means statistics derived by collecting, classifying and using statistics, specially in or for large quantities or numbers by appropriate Government from statistical surveys, administrative and registration records, and other forms and papers, the statistical analysis of which are, whether in a published or unpublished form; (i) “statistics officer” means any officer appointed under section 4 for the purposes of any direction issued under section 3 of this Act.
Provided that— (a) nothing contained in this section shall be deemed to authorise a State Government or Union territory Administration or any local government to issue any direction with respect to the collection of statistics relating to any matter falling under any of the entries specified in List I (Union List) in the Seventh Schedule to the Constitution; or (b) where the Central Government has issued any direction under this section for the collection of statistics relating to any matter, no State Government or Union territory Administration or any local government shall, except with the previous approval of the Central Government, issue any similar direction for so long as the collection of such statistics by the Central Government remain to be completed; or (c) where a State Government or Union territory Administration or any local government has issued a direction under this section for the collection of statistics relating to any matter, the Central Government shall not issue any similar direction for so long as the collection of such statistics by the State Government remain to be completed, except in cases where such statistics have to be collected with reference to two or more States or Union territories. 1[3A. Nodal officer.—(1) The Central Government or a State Government or Union territory Administration shall designate one of its officers as a nodal officer for the purposes of statistics under this Act.
Provided that– (a) nothing contained in this section shall be deemed to authorise a State Government or Union territory Administration or any local government to issue any direction with respect to the collection of statistics relating to any matter falling under any of the entries specified in List I (Union List) in the Seventh Schedule to the Constitution; or (b) where the Central Government has issued any direction under this section for the collection of statistics relating to any matter, no State Government or Union territory Administration or any local government shall, except with the previous approval of the Central Government, issue any similar direction for so long as the collection of such statistics by the Central Government remain to be completed; or (c) where a State Government or Union territory Administration or any local government has issued a direction under this section for the collection of statistics relating to any matter, the Central Government shall not issue any similar direction for so long as the collection of such statistics by the State Government remain to be completed, except in cases where such statistics have to be collected with reference to two or more States or Union territories.
The nodal officer shall coordinate and supervise such statistical activities in the Central Government or the State Government or Union territory Administration, as the case may be, in which he is designated, and shall exercise such other powers and perform such other duties, as may be prescribed.].
unit for the purpose of collecting any statistics directed by it.
The appropriate Government may appoint any agency or persons working in such agencies to take, or aid in, or supervise the collection of the statistics within any specified geographical unit and such agencies or persons, when so appointed, shall be bound to serve accordingly.
The appropriate Government may employ on contract basis any agency or company or organisation or association or person, on such terms and conditions and on such safeguards as may be prescribed, for the purpose of collecting the statistics directed by it.
The appropriate Government may delegate to any statistics officer, as it thinks fit, the power of appointing agencies or persons working in such agencies or employing on contract basis any agency or company or organisation or association of persons, conferred on it by sub-sections (2) and (3) within the geographical unit for which such statistics officer is appointed.
The appropriate Government may, by order specify the form, the particulars required or the interval within which, and the statistics officer to whom, the statistical information by the informants shall be furnished.
(a) serve or cause to be served on any informant a notice in writing asking him to furnish the information specified under sub-section (5) of section 4 or cause a information schedule to be given to any informant for the purpose of its being filled up; or (b) cause all questions relating to the subject to be asked from any informant; or (c) seek information through tele fax or telephone or e-mail or in any other electronic mode or in a combination of different modes for different sets of information so specified.
The appropriate Government may, by order published in the Official Gazette, delegate to any statistics officer, as it thinks fit, any power conferred under sub-section (5) for the purpose of the collection of statistics under a direction issued by it under section 3.
(a) serve or cause to be served on any informant a notice in writing asking him to furnish the information specified under sub-section (5) of section 4 or cause a information schedule to be given to any informant for the purpose of its being filled up; or (b) cause all questions relating to the subject to be asked from any informant; or (c) seek information through tele fax or telephone or e-mail or in any other electronic mode or in a combination of different modes for different sets of information so specified.
DISCLOSURE OF INFORMATION IN CERTAIN CASES AND RESTRICTIONS OF THEIR USE
Disclosure of information in certain cases and restrictions of their use
manner as may be prescribed.].
No person other than a person engaged in the work of collection of statistics under this Act or preparation of statistics resultant to such collection shall be permitted to see any information schedule or any answer to a question asked, except for the purposes of a prosecution under this Act.
No information contained in any information schedule and no answer to any question asked shall, except for the purposes of a prosecution under this Act, be separately published, or disclosed without suppressing the identification of informants to any agency.
(a) that informant has consented to their publication in that manner; or (b) their publication in that manner could not reasonably have been foreseen by the concerned agency or any employee thereof.
All statistical information published by any agency shall be arranged in such a manner so as to prevent any particulars becoming identifiable by any person (other than the informant by whom those particulars were supplied) as the particulars relating to the informant who supplied it, even through the process of elimination, unless– (a) that informant has consented to their publication in that manner; or (b) their publication in that manner could not reasonably have been foreseen by the concerned agency or any employee thereof.
For the purposes of sub-section (4), the Central Government may make such rules or make such arrangement, as it may consider necessary.
(a) information supplied by informant in respect of which disclosure is consented to in writing by the informant or by any person authorised by the said informant; (b) information otherwise available to the public under any Act or as a public document; (c) information in the form of an index or list of the names and addresses of informants together with the classification, if any, allotted to them and the number of persons engaged.
(a) information supplied by informant in respect of which disclosure is consented to in writing by the informant or by any person authorised by the said informant; (b) information otherwise available to the public under any Act or as a public document; (c) information in the form of an index or list of the names and addresses of informants together with the classification, if any, allotted to them and the number of persons engaged.
(a) the name and address of the informant by whom the schedule or related information was supplied is deleted; (b) every agency or person or institutions or Universities involved in the research or statistical project makes a declaration to use the schedules disclosed to them only for bona fide research or statistical purposes; and (c) the appropriate Government, making such disclosure is satisfied that the security of the schedules and any information contained therein shall not be impaired.
No individual return or information schedule shall be disclosed pursuant to this section unless– (a) the name and address of the informant by whom the schedule or related information was supplied is deleted; (b) every agency or person or institutions or Universities involved in the research or statistical project makes a declaration to use the schedules disclosed to them only for bona fide research or statistical purposes; and (c) the appropriate Government, making such disclosure is satisfied that the security of the schedules and any information contained therein shall not be impaired.
The published results of any research or statistical project shall not divulge any more information than what the agency authorised for collection of statistics could publish under this Act.
Every agency or person or institutions or universities to whom any individual return or information schedule is disclosed under this section shall comply with directions given by the agency authorised for collection of statistics making the disclosure relating to the schedules and any information contained therein.
pursuant to this Act from individual returns, information schedules, worksheets or any other confidential source by means of cards, tapes, discs, film or any other method, whether using encoded or plain language symbols for processing, storage or reproduction of particulars, take and cause to take such steps as are necessary to ensure that the security provisions of this Act are complied with.
pursuant to this Act from individual returns, information schedules, worksheets or any other confidential source by means of cards, tapes, discs, film or any other method, whether using encoded or plain language symbols for processing, storage or reproduction of particulars, take and cause to take such steps as are necessary to ensure that the security provisions of this Act are complied with.
(a) no information obtained pursuant to this Act and no copy of the information in the possession of any informant shall be disclosed or used as evidence in any proceedings whatsoever; and (b) no person who has access to any information because of his official position in the collection of any statistics shall be compelled in any proceedings whatsoever to give oral testimony regarding the information or to produce any schedule, document, or record with respect to any information obtained in the course of administering this Act, except in the manner provided under this Act.
(a) no information obtained pursuant to this Act and no copy of the information in the possession of any informant shall be disclosed or used as evidence in any proceedings whatsoever; and (b) no person who has access to any information because of his official position in the collection of any statistics shall be compelled in any proceedings whatsoever to give oral testimony regarding the information or to produce any schedule, document, or record with respect to any information obtained in the course of administering this Act, except in the manner provided under this Act.
OFFENCES AND PENALTIES
The conviction of a person or company for an offence shall not relieve him or it of the obligations under sub-section (1) and if after the expiry of fourteen days from the date of conviction, he or it still fails to give the required particulars or continues to neglect or refuses to fill in and supply the particulars or to answer the question or inquiry, then he or it shall be punishable with a further fine which may extend to one thousand rupees or, in the case of a company, with a fine which may extend to five thousand rupees, for each day after the first during which the failure continues.
(a) acts in contravention of or fails to comply with any provision of this Act or any requirement imposed under this Act; or (b) wilfully deceives or attempts to deceive any statistics officer or any agency or any employee thereof, shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to two thousand rupees or, in the case of a company, with a fine which may extend to ten thousand rupees or with both.
(a) acts in contravention of or fails to comply with any provision of this Act or any requirement imposed under this Act; or (b) wilfully deceives or attempts to deceive any statistics officer or any agency or any employee thereof, shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to two thousand rupees or, in the case of a company, with a fine which may extend to ten thousand rupees or with both.
(a) omits without lawful excuse to carry out his duty, or knowingly makes any false declaration, statement or return; or (b) pretends performance of his duties or obtains or seeks to obtain information which he is not authorised to obtain; or (c) fails to keep inviolate the secrecy of the information gathered or entered in the information schedules collected pursuant to this Act and, except as permitted under this Act, divulges the contents of any schedule filled in or any information furnished by any informant under this Act, shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to two thousand rupees or, in the case of a company, with a fine which may extend to ten thousand rupees or with both.
(a) omits without lawful excuse to carry out his duty, or knowingly makes any false declaration, statement or return; or (b) pretends performance of his duties or obtains or seeks to obtain information which he is not authorised to obtain; or (c) fails to keep inviolate the secrecy of the information gathered or entered in the information schedules collected pursuant to this Act and, except as permitted under this Act, divulges the contents of any schedule filled in or any information furnished by any informant under this Act, shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to two thousand rupees or, in the case of a company, with a fine which may extend to ten thousand rupees or with both.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
Explanation.—For the purpose of this section— (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "Director", in relation to a firm, means a partner in the firm.
Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation.–For the purpose of this section– (a) ''company'' means any body corporate and includes a firm or other association of individuals; and (b) ''Director'', in relation to a firm, means a partner in the firm.
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Provided that when in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that it is, for any reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
Provided that when in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that it is, for any reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
POWER IN RESPECT OF CORE STATISTICS
Power in respect of core statistics
arrangement, as it may consider necessary, for regulating the collection and dissemination of statistics on the subject so declared.
MISCELLANEOUS
¹. Ins. by Act 21 of 2017, s. 6 (w.e.f. 3-10-2017).
publication] by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(a) principles for coordinating as effectively as possible to achieve the objectives of section 3 including nomination and registration of statistics officers by the Central Government and also to avoid unnecessary duplication in the collection of statistics; ¹[(aa) the coordination and supervision of statistical activities by the nodal officer and the powers and duties of the nodal officer under sub-section (2) of section 3A;] (b) the terms, conditions and safeguards under which any person or agency or company or organisation or association may be engaged by the appropriate Government for the purpose of collection of statistics under sub-section (3) of section 4; (c) principles for prescribing the form and manner in which the information may be required to be furnished; (d) principles for prescribing the manner in which the right of access to documents and the right of entry conferred by section 8 may be exercised; ¹[(da) the manner of use of information under sub-section (1) of section 9;] and (e) any other matter which is to be or may be prescribed under this Act.
In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules under this section for all or any of the following matters, namely:– (a) principles for coordinating as effectively as possible to achieve the objectives of section 3 including nomination and registration of statistics officers by the Central Government and also to avoid unnecessary duplication in the collection of statistics; 1[(aa) the coordination and supervision of statistical activities by the nodal officer and the powers and duties of the nodal officer under sub-section (2) of section 3A;]; (b) the terms, conditions and safeguards under which any person or agency or company or organisation or association may be engaged by the appropriate Government for the purpose of collection of statistics under sub-section (3) of section 4; (c) principles for prescribing the form and manner in which the information may be required to be furnished; (d) principles for prescribing the manner in which the right of access to documents and the right of entry conferred by section 8 may be exercised; 1[(da) the manner of use of information under sub-section (1) of section 9;] and (e) any other matter which is to be or may be prescribed under this Act.
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
¹. Ins. by Act 21 of 2017, s. 6 (3-10-2017).
Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
All rules made under the said Act shall continue to be in force and operate till new rules are made under this Act.